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2014 Supreme(MP) 1078

D.K.PALIWAL
Abdul Vasim – Appellant
Versus
State of M. P. – Respondent


Advocates Appeared:
For the Petitioner:C.P. Kulshreshtha, Advocate.
For the Respondents: Mukund Bharadwaj, PP.

JUDGMENT

D.K. Paliwal, J.

1. Heard.

2. This is the first bail application filed by the applicant under Section 438 of the Cr.P.C. for grant of anticipatory bail.

3. The applicant is apprehending his arrest in connection with Crime No. 273/2013 registered at P.S. Dharnavada, District Guna for the offence punishable under sections 34(2) of M.P. Excise Act and under Section 11(A) of Pashu Krurata Adhiniyam.

4. As per the prosecution case, during checking near railway gate Truck bearing No. MP-08-GA-1367 was signalled to stop but driver of the vehicle started running away. The Police force followed the truck and stopped. After checking eight buffaloes and two Cans containing 55-55 litres country made liquor were found. There was no license. The driver disclosed his name Mehboob and the conductor disclosed his name Shahid Khan. During investigation it was disclosed that the liquor as well as the truck belongs to Abdul Vasim.

5. It is submitted by learned counsel for the applicant that applicant has falsely been implicated. He has not committed any offence. He is not named in the FIR. The applicant is engaged in selling of buffaloes. He has purchased the buffaloes. It is further submitted that





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